MINUTES OF A meeting of the Corporate and Strategic Committee

 

 

Date:                          Wednesday 12 March 2014

 

Time:                          9.00 am

 

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                     R Barker

T Belford

A J Dick

R Graham

S Haraki

D Hewitt (Chairman)

D Pipe

C Scott

F Wilson

 

In Attendance:          E Lambert – Chief Executive

P Drury – Group Manager Corporate Services

H Codlin – Group Manager Strategic Development

M Adye – Group Manager Asset Management

L Hooper – Governance & Corporate Administration Manager

T Skerman – Economic Development Manager

G Ide – Team Leader Policy

 


1.       Welcome/Apologies/Notices

The Chairman welcomed everyone present to the meeting.

The Chief Executive advised that the next Corporate & Strategic Committee meeting is now going to be held on 16 April 2014.

Mr Piri Prentice’s absence was noted.

Resolution

C&S1/14       That the apologies for absence from Councillor Peter Beaven and for lateness from Councillor Dave Pipe be received.

Wilson/Scott

CARRIED

 

2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

The Chairman advised that Councillors’ Interest Declarations would be provided to councillors to confirm and returned to the Chief Executive for circulation to all councillors at the 26 March Regional Council meeting.

Councillor Barker arrived at 9.05am.

 

3.       Confirmation of Minutes of the Corporate and Strategic Committee Held on 11 December 2013

C&S2/14

Resolution

Minutes of the Corporate and Strategic Committee held on Wednesday, 11 December 2013, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Graham/Wilson

CARRIED

 

4.       Matters Arising From Minutes of the Corporate and Strategic Committee Held on Wednesday 11 December 2013

In relation to HBRIC Ltd changes to the constitution there was a query as to whether the amendments had been made and the new constitution ‘in effect’.

There were no further matters arising from the minutes.

 

5.

Follow-ups From Previous Corporate and Strategic Committee Meetings

 

The paper was taken as read.

C&S3/14

Resolution

1.      That the Committee receives the report “Follow-ups from Previous Corporate and Strategic Committee Meetings”.

Scott/Wilson

CARRIED

 

6.

Call For Any Minor Items Not on the Agenda

 

There were no minor items put forward for discussion.

 


 

7.

Strategic Planning Process for 2015-25 Long Term Plan

 

Ms Codlin provided an overview of what the Long Term Plan process would involve and highlighted the legislative requirements. The strategic documents developed to provide input to the last LTP process included the HBRC Strategic Plan, Embracing Futures Thinking, the Land and Water Management Strategy and HB 2050.

Councillor Dave Pipe joined the meeting at 9.15am.

Dates for strategic planning workshops for councillors were proposed along with timeframes, and Councillors’ feedback was sought.

There was discussion around current plan change processes under way and a query made as to whether a ‘stocktake’ might be undertaken to identify progress in achieving goals and objectives as a starting place for development, rather than a full review.

It was clarified that the proposed stakeholder meetings and speaker series informal engagement between councillors and their community was a tool for seeking community input rather than a formal submission process.

There was discussion of the costs associated with the process proposed, and the use of external speakers and facilitators rather than staff and councillors.

In relation to June workshop dates, it was queried whether it would be feasible to fit those in along with the Annual Plan and RWSS hearings in addition to the Council and Committee meetings.

It was suggested that Council consider the use of a survey to seek public input and feedback on Council’s direction and objectives.

It was noted that the Meeting Planner for 2014 would be updated to include the agreed workshop dates and re-distributed to all Councillors.

C&S4/14

Resolutions

That the Corporate and Strategic Committee:

1.      Receives the report on the Strategic Planning for the Long Term Plan 2015-25, noting the outcomes from previous strategic planning processes.

2.      Considers the proposed Strategic Planning process and programme as outlined in Table 1 and makes any amendments as required.

The Corporate and Strategic Committee recommends that Council:

3.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

4.      Adopts the Proposed Strategic Planning Programme for the development of the Long Term Plan as set out in Table 1 including any amendments agreed by the Committee.

Hewitt/Graham

CARRIED

 

8.

Top 10 Corporate Risks Assessment

 

Mr Adye provided an overview of what the risks are and how they had been decided, as well as the ongoing review process before detailing the risk management framework and explaining the meaning of the various terms.

Mr Adye undertook to review wording and include additional risks as suggested, including biosecurity, potential amalgamation, clarifying engagement with Maori and investment portfolio. Suggested that ‘further actions required’ section be added to each Risk Issue following the ‘Mitigation actions completed in the last term of Council’ section.

It was noted that the Top 10 Risks would be reviewed and assessed through the LTP strategy development process and may result in significant changes to the risk issues and ratings of those.

C&S5/14

Resolutions

The Corporate and Strategic Committee recommends that Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2.      Adopts the Hawke’s Bay Regional Council Risk Management Policy and Framework, March 2014.

3.      Considers the top ten risks currently facing Council.

4.      Approves the risk mitigation approach to each of the ten risk issues as set out.

Barker/Pipe

CARRIED

The meeting adjourned at 10.30am and reconvened at 10.45am

9.

Oil and Gas Exploration Policy Development

 

Mr Tom Skerman and Mr Gavin Ide provided an update on developments in policy development since the Committee considered this issue in December 2013 before outlining the process options for consideration.

Discussion traversed the potential costs of Council undertaking this strategy development process ‘on its own’, which budgets would provide the funding and impacts on proposed 2013-14 and 2014-15 financial years, whether it was intended that any policy developed would eventually lead to a plan change and involvement of the Regional Planning Committee, and whether TLAs in the region would be invited participate.

It was reiterated that the RMA overrides any policy under development and any applications for resource consent will have to be dealt with under current rules and policies in the RMA and the HBRC Regional Resource Management Plan.

C&S6/14

Resolutions

That the Corporate and Strategic Committee:

1.      Receives the report titled ‘Oil and gas exploration policy development’.

2.      Considers the options in Table 1 of the report and their respective implications, particularly resourcing implications.

 

 

 

 

The Corporate and Strategic Committee recommends that Council:

3.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

4.      Adopts the preferred approach to Oil and Gas Exploration strategy and/or Renewable Energy strategy development for the Region; being to defer formation of a multi stakeholder group (and its associated tasks) and incorporate a proposal for preparation of a regional petroleum and gas strategy into the 2015-25 Long Term Plan development process.

S Hauraki moved an amendment, seconded by Cr Barker; being to include the words “and Renewable Energy” in the preferred approach as:

4.     Adopts the preferred approach to Oil and Gas Exploration and Renewable Energy strategy ...

S Haraki/R Barker

CARRIED

The amendment was CARRIED and therefore became part of the substantive motion.

That the Corporate and Strategic Committee:

1.      Receives the report titled ‘Oil and gas exploration policy development’.

2.      Considers the options in Table 1 of the report and their respective implications, particularly resourcing implications.

The Corporate and Strategic Committee recommends that Council:

3.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

4.      Adopts the preferred approach to Oil and Gas Exploration and Renewable Energy Strategy development for the Region; being to defer formation of a multi stakeholder group (and its associated tasks) and incorporate a proposal for preparation of a “Regional Oil and Gas Exploration and Renewable Energy Strategy” into the 2015-25 Long Term Plan development process.

Wilson/Scott

CARRIED

 

10.

HBRC Appointment and Remuneration of Directors Policy

 

Mrs Lambert outlined the Policy and the rationale for its development, confirming that legal advice had been sought and explaining the meaning and intention of various clauses.

Discussion traversed Council being the body to confirm or ratify director appointments, tenure of directors and the composition of the HBRIC Ltd Board of Directors and of the Council’s Appointments Committee.

Councillors were invited to submit names of potential members of the Appointments Committee to the Chief Executive.

C&S7/14

Resolutions

That Corporate and Strategic Committee:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2.      Receives the Draft Policy on Appointment and Remuneration of Directors.

The Corporate and Strategic Committee recommends that Council:

3.      Adopts a final Policy subject to the inclusion of any amendments agreed at the Corporate and Strategic Committee meeting.

4.      Determines the membership of the Council Appointments Committee which will recommend to Council the appointment of Directors to the permanent Board of HBRIC Ltd in accordance with the Policy; that being:

       “The Council will establish a Council Appointments Committee after the triennial Council election to recommend to the Council the appointment of Council and independent directors to HBRIC Ltd. This committee will be comprised of four members who are not seeking appointment to the HBRIC Ltd Board. Where possible the committee members will include the current chair of HBRIC Ltd, a Councillor, a recently retired Councillor and an external experienced director.”

Wilson/Dick

CARRIED

 

14.

Nga Marae o Heretaunga - Presentation

 

The Committee welcomed Des Ratima and Mike Mohi to the meeting and Mr Ratima introduced himself and passed on Tama Huata’s apologies for being unable to attend the meeting.

Mr Ratima explained that Nga Marae represents a collection of marae, brought together to research and develop individual Marae/Hapu development plans. Phased development includes production of the initial Development plans, Marae Water plans, Buildings and Infrastructure plans, and Operational plans for the marae that belong to the Nga Marae o Heretaunga collective. Nga Marae is seeking Council’s support and assistance to further develop the Marae water plans as a priority.

C&S8/14

Resolution

1.      That the Corporate and Strategic Committee receives the presentation from Nga Marae o Heretaunga and supports staff undertaking further engagement with Nga Marae o Heretaunga to assist with developing a proposal for how Council can best support marae development plans; for Council’s consideration through the 2014-15 Annual Plan process.

Wilson/Barker

CARRIED

The meeting adjourned at 12.45pm and reconvened at 1.20pm

17.

Provisional Timeline - RWSS Consultation

 

Mrs Lambert outlined the proposed timelines for the consultation, submissions and hearings processes leading to Council’s decision as to whether or not to invest.

There was discussion of the length of the consultation period, whether Councillors would have an opportunity to consider a draft Deloitte report and request additional information if particular issues or assumptions have not been addressed to their  satisfaction.

The compressed workload, particularly in June, was highlighted.

C&S9/14

Resolution

1.      That the Corporate and Strategic Committee receives the “Provisional Timeline - RWSS Consultation” report.

Wilson/Scott

CARRIED

 

19.

Draft HBRIC Ltd Concession Deed

C&S10/14

Resolutions

1.       That Council excludes the public from this section of the meeting, being Agenda Item 19 Draft HBRIC Ltd Concession Deed with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being as follows:

 

GENERAL SUBJECT OF THE ITEM TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION

GROUNDS UNDER SECTION 48(1) FOR THE PASSING OF THE RESOLUTION

Draft HBRIC Ltd Concession Deed

7(2)(b)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which otherwise would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.

 

2.         That Andy Pearce, HBRIC Ltd Chairman and Danelle Dinsdale and Jim Scotland, HBRIC Ltd directors, be present for this item as the representatives of the Board of Directors subject to the item.

Scott/Wilson

For: Dick, Wilson, Graham, Scott, Barker, Pipe, Haraki, Hewitt

Against: Belford

CARRIED

 

The meeting went into public excluded session at 1.55pm and out of public excluded session at 3.30pm

 

The meeting adjourned at 3.30pm and reconvened at 3.45pm

 

15.

HBRC Health and Safety

 

Mr Viv Moule provided the Committee with an overview of the changes to Health and Safety legislation and what processes and systems Council employs to ensure the health and safety of its staff.

It was suggested that reporting on Health and Safety to Council be increased to coincide with the Top 10 Corporate Risks Assessment timeframes, being 3 or 4 times per year, and that the first (next) of those report backs include a history of past incidents and mitigation measures implemented as a result, as well as some education on what the risks faced by staff are.

 

 

C&S11/14

Resolution

Pursuant to Standing Order 3.3.7, the Committee agrees to continue the meeting past the six-hour limit.

Wilson/Graham

CARRIED

 

Further discussion covered employees’ rights to refuse to work in unsafe situations or conditions and publishing Council’s H&S policy on the HBRC website.

C&S12/14

Resolutions

1.          That the Corporate and Strategic Committee receives the “HBRC Health and Safety” report.

2.          Encourages staff to take on board the comments and suggestions offered in relation to Health and Safety and implement initiatives as practicable.

Dick/Wilson

CARRIED

 

13.

HBRC Wairoa Office

 

The paper was taken as read.

C&S13/14

Resolutions

The Corporate and Strategic Committee recommends that Council:

1.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2.      Agrees to proceed with improvements of the HBRC Wairoa office at an estimated cost of $225,000, with construction work not committed to until HBRC has a long term lease with Department of Conservation for them to share the property, including office accommodation and storage.

Wilson/Graham

CARRIED

 

12.

Local Governance Statement 2013-15

 

Mrs Hooper provided an overview of the Local Governance Statement provided in draft form and sought feedback on amendments required and any suggestions of additional content from Councillors.

C&S14/14

Resolutions

The Corporate and Strategic Committee recommends that Council:

1.    Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

 

 

2.    Adopts the Local Governance Statement as amended in response to feedback provided and agreed at the Corporate and Strategic Committee meeting, and notes that the Statement will be made available to the public following final production.

Scott/Dick

CARRIED

 

16.

HB LASS Half Yearly Report

 

The report was taken as read.

C&S15/14

Resolution

1.      That the Corporate and Strategic Committee receives the “HB LASS Ltd – Half-Yearly Report to 31 December 2013”.

Scott/Wilson

CARRIED

 

11.

Infrastructure Asset Insurance

C&S16/14

Resolution

1.     The Corporate and Strategic Committee defers this item to the 16 April 2014 Corporate and Strategic Committee meeting.

Wilson/Barker

CARRIED

 

18.

Minor Items Not on the Agenda

 

There were no minor items put forward for consideration.

 

 

 

Closure:

There being no further business the Chairman declared the meeting closed at 4.20pm on Wednesday, 12 March 2014.

 

Signed as a true and correct record.

 

 

 

DATE: ................................................               CHAIRMAN: ...............................................